Case Detail

FOIA Project Annotation: Judge Reggie Walton has ruled that the Department of Homeland Security has not shown that it properly responded to FOIA requests submitted by NBC 7 Diego, reporter Tom Jones, and the Reporters Committee for Freedom of the Press concerning a secret database of activists, journalists, and social media influencers related to a migrant caravan allegedly approaching the United States border with Mexico. The RCFP muti-part requests were sent to DHS, U.S. Citizenship and Immigration Services, and U.S. Customs and Border Protection for electronic communications referencing ILU-OASISS-OMEGA, and media, reporter, or journalist, with a number of keywords related to migrants, caravans, and the Mexican border. USCIS searched for electronic communications responsive to the RCFP's request. The agency located 1,371 pages of potentially responsive records. CBP also searched records responsive to RCFP's requests. It reviewed 4,458 pages of emails. However, the agency determined that none of its records were actually responsive to the RCFP requests, but, instead, related only to the ongoing FOIA processing of RCFP's FOIA requests. DHS also conducted a search but found no responsive records. Walton first indicated that his task was to decide whether the three agencies had conducted an adequate search for records. Turning first tnon-responsive because they did not contain all the search terms included in the RCFP's request. Walton noted that "however, this misconstrues the RCFP's request." He pointed out the RCFP request asked for emails from January 1, 2017, containing both the word "ILU-OASISS-OMEGA" and one of the following words �" media, reporter, or journalist. He noted that "the 'subject matter of the RCFP's request is the entirety of each document that' fits these criteria." However, Walton noted that "the CBP determined that certain records were non-responsive because 'they did not contain all the search terms identified' by the RCFP. This statement is ambiguous. On the one hand, the phrase 'all the search terms,' could be referring to the combination of search terms sought by RCFP �" i.e., 'ILU-OASISS-OMEGA,' and either 'media,' 'reporter,' or 'journalist.'" On the other hand, 'all the search terms' could just as well be referring to the entire list of terms in Item 9, i.e., 'ILU-OASISS-OMEGA,' 'media,' reporter,' and 'journalist.'" Walton indicated that "if the [second agency affidavit's] statement is intended to refer to the combination of search terms sought by the RCFP, in accordance with the first interpretation set forth by the Court, the Court concludes that it is a reasonable interpretation of the RCFP's request and that the CBP adequately explained that it deemed the records non-responsive because they did not fit the criteria in the RCFP's request. However, if the [second agency affidavit] is stating that it deemed records non-responsive if they did not contain all four terms in Item 9, 4(i) ('ILU-OASISS-OMEGA,' 'media,' 'reporter,' 'journalist,') that is an unduly narrow interpretation of the RCFP request. As [noted above] the RCFP's request does not require the presence of all four terms, merely 'ILU-OASISS-OMEGA,' and at least one of the following terms: 'media,' 'reporter,' and 'journalist.' Thus, an interpretation that would require all four terms would not comport with the agency's 'duty to construe a FOIA request liberally.'" Walton then addressed CBP's interpretation of terms used in the request from NBC 7. For much the same reasons Walton had already rejected the adequacy of CBP's conclusion that the RCFP's requests were non-responsive, Walton also rejected their response to the NBC 7 request. He pointed out that "Items 3 and 4 of NBC 7's request and Item 9 of the RCFP's request are not substantively identical. Despite the difference between the requests, the pertinent paragraph of the [agency's second affidavit] does not specifically mention NBC 7's request, and, furthermore, implies that all of the records that did not 'contain all of the terms in Item 9 of the RCFP's FOIA request' were deemed per se non-responsive, id., despite the fact that Items 3 and 4 of NBC 7's requests were not limited to references to the terms in Item 9 of the RCFP's request. Absent a 'non-conclusory justification for each ultimate classification as non-responsive,' the Court cannot conclude that the CBP's search for records responsive to NBC 7's request was adequate." Walton sent the case back to CBP if it wanted to provide an adequate explanation of its searches. Walton found similar problems with the search conducted by USCIS, which requested a search for emails from addresses that ended with "eop.gov" that contained "media," or "reporter" or "journalist" and any of six keywords dealing with migrant caravans and the Mexican border. Although its search for records uncovered 1,371 potentially responsive records, after review, the agency decided none of them were responsive because they did not contain all the requested keywords. Walton explained that "the USCIS used the precise terms listed in Item 10 to conduct an electronic keyword search. Accordingly, if the USCIS's searched retrieve records containing the terms for which it searched, those records would only be non-responsive to the extent that they did not meet all three of the criteria." He noted that [the USCIS affidavit] "does not provide an explanation of the USCIS's determination that certain records were non-responsive sufficient to support such a conclusion. Instead, the only explanation provided by the USCIS is that its 'processor determined that the records did not reference the substance of RCFP's request and overall inquiry regarding a Media Monitoring Services Database.' For several reasons, this type of conclusory statement does not comply with an agency's obligation to provide the Court with a 'relatively detailed and non-conclusory' affidavit. Accordingly, to the extent that the USCIS deemed records non-responsive because they 'did not reference the overall inquiry regarding a Media Monitoring Services Database,' it unreasonably interpreted the RCFP's request." Walton observed that "to the extent that the USCIS deemed records non-responsive because they 'did not reference the substance of RCFP's request,' the meaning of this statement is unclear based on the Court's review of the [agency's affidavit]." He observed that "this type of conclusory statement does not comply with an agency's obligation to provide the Court with a 'relatively detailed and non-conclusory' affidavit, because the statement lacks any detail regarding what USCIS considered the 'substance of the RCFP request.'" Finally, Walton also found fault with DHS's searches. Here he indicated that "although Item 11 does not seek records in which certain phrases appear, the DHS provides only a cursory statement that 'none of the documents that the FOIA analyst reviewed were responsive to the RCFP's FOIA requests,' with no further explanation as to why the documents were not responsive. Absent a 'non-conclusory justification for each ultimate classification as non-responsive,' the Court cannot grant summary judgment to the DHS as to the adequacy of its search for records responsive to Item 11 of the RCFP's request." o CBP, he decided the agency's search was insufficient. CBP claimed that it deemed all the reviewed records
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2019-04-22	1	COMPLAINT against UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT ( Filing fee $ 400 receipt number 0090-6074571) filed by NBC 7 SAN DIEGO, REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS, TOM JONES. (Attachments: # 1 Civil Cover Sheet, # 2 LCvR 26.1 Certificate, # 3 Summons, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Exhibit 7, # 11 Exhibit 8, # 12 Exhibit 9, # 13 Exhibit 10)(Townsend, KatieLynn) (Entered: 04/22/2019)
2019-04-22	2	LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by NBC 7 SAN DIEGO. (zef, ) (Entered: 04/22/2019)
2019-04-22		Case Assigned to Judge Reggie B. Walton. (zef, ) (Entered: 04/22/2019)
2019-04-22	3	SUMMONS (6) Issued Electronically as to UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Notice and Consent)(zef, ) (Entered: 04/22/2019)
2019-04-29	4	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/26/2019. ( Answer due for ALL FEDERAL DEFENDANTS by 5/26/2019.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 04/25/2019., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES served on 4/24/2019; UNITED STATES CUSTOMS AND BORDER PROTECTION served on 4/24/2019; UNITED STATES DEPARTMENT OF HOMELAND SECURITY served on 4/24/2019; UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT served on 4/24/2019 (Attachments: # 1 Affidavits of Mailing)(Townsend, KatieLynn) (Entered: 04/29/2019)
2019-04-29	5	GENERAL ORDER FOR CIVIL CASES BEFORE THE HONORABLE REGGIE B. WALTON. Signed by Judge Reggie B. Walton on April 29, 2019. (lcrbw2) (Entered: 04/29/2019)
2019-05-24	6	NOTICE of Appearance by Christopher Charles Hair on behalf of UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (Hair, Christopher) (Entered: 05/24/2019)
2019-05-24	7	Consent MOTION for Extension of Time to File Answer re 1 Complaint,, by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (Hair, Christopher) (Entered: 05/24/2019)
2019-06-07	8	Joint STATUS REPORT by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Hair, Christopher) (Entered: 06/07/2019)
2019-06-10		MINUTE ORDER. Upon consideration of the parties' 8 Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before July 8, 2019, the parties shall file an additional joint status report advising the Court of, inter alia, the status of the defendants' response to the plaintiffs' FOIA requests. Signed by Judge Reggie B. Walton on June 10, 2019. (lcrbw2) (Entered: 06/10/2019)
2019-06-11		MINUTE ORDER. Upon consideration of the 7 Defendants' Consent Motion for an Extension of Time to File Response to Complaint, and for good cause shown, it is hereby ORDERED that, on or before June 11, 2019, the defendants shall answer or otherwise respond to the plaintiffs' Complaint. Signed by Judge Reggie B. Walton on June 11, 2019. (lcrbw2) (Entered: 06/11/2019)
2019-06-11		Set/Reset Deadlines: Answer due by 6/11/2019, (hs) (Entered: 06/11/2019)
2019-06-11	9	ANSWER to Complaint by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT.(Hair, Christopher) (Entered: 06/11/2019)
2019-07-08	10	Joint STATUS REPORT by TOM JONES, NBC 7 SAN DIEGO, REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Townsend, KatieLynn) (Entered: 07/08/2019)
2019-07-09		MINUTE ORDER. Upon consideration of the parties' 10 Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before July 22, 2019, the parties shall file an additional joint status report advising the Court of the status of the defendants' response to each of the plaintiffs' requests and proposing future deadlines in this matter. Signed by Judge Reggie B. Walton on July 9, 2019. (lcrbw2) (Entered: 07/09/2019)
2019-07-09	11	NOTICE of Appearance by Adam Alexander Marshall on behalf of All Plaintiffs (Marshall, Adam) (Entered: 07/09/2019)
2019-07-22	12	Joint STATUS REPORT by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Hair, Christopher) (Entered: 07/22/2019)
2019-08-28	13	Joint STATUS REPORT by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Hair, Christopher) (Entered: 08/28/2019)
2019-08-29		MINUTE ORDER. Upon consideration of the parties' 13 Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before October 25, 2019, the parties shall file an additional joint status report advising the Court of the status of the defendants' response to each of the plaintiffs' requests and proposing future deadlines in this matter. Signed by Judge Reggie B. Walton on August 29, 2019. (lcrbw2) (Entered: 08/29/2019)
2019-08-29		Set/Reset Deadlines: Joint Status Report due by 10/25/2019 (hs) (Entered: 08/29/2019)
2019-10-25	14	Joint STATUS REPORT by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Hair, Christopher) (Entered: 10/25/2019)
2019-10-28		MINUTE ORDER. Upon consideration of the parties' 14 Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before December 13, 2019, the parties shall file an additional joint status report advising the Court of the status of the defendants' response to each of the plaintiffs' requests and proposing future deadlines in this matter. Signed by Judge Reggie B. Walton on October 28, 2019. (lcrbw1) (Entered: 10/28/2019)
2019-10-28		Set/Reset Deadlines: Joint Status Report due by 12/13/2019 (hs) (Entered: 10/28/2019)
2019-12-13	15	Joint STATUS REPORT by TOM JONES, NBC 7 SAN DIEGO, REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Attachments: # 1 Plaintiffs' Proposed Order)(Townsend, KatieLynn) (Entered: 12/13/2019)
2019-12-17		MINUTE ORDER. Upon consideration of the parties' 15 Joint Status Report, it is hereby ORDERED that, on or before February 13, 2020, the parties shall file an additional joint status report advising the Court of when the United States Department of Homeland Security will complete its search for records responsive to the Reporters Committee's request and proposing a briefing schedule governing the filing of dispositive motions. Signed by Judge Reggie B. Walton on December 17, 2019. (lcrbw2) (Entered: 12/17/2019)
2019-12-17	16	NOTICE OF SUBSTITUTION OF COUNSEL by Sian Jones on behalf of UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT Substituting for attorney Christopher Hair (Jones, Sian) (Entered: 12/17/2019)
2019-12-18		Set/Reset Deadlines: Joint Status Report due by 2/13/2020 (hs) (Entered: 12/18/2019)
2019-12-19	17	NOTICE of Appearance by Gunita Singh on behalf of TOM JONES, NBC 7 SAN DIEGO, REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS (Singh, Gunita) (Entered: 12/19/2019)
2020-02-13	18	Joint STATUS REPORT by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Text of Proposed Order Plaintiff's Proposed Order, # 2 Text of Proposed Order Defendant's Proposed Order)(Jones, Sian) (Entered: 02/13/2020)
2020-02-14	19	ORDER. In accordance with the attached Order, it is hereby ORDERED that, on or before April 20, 2020, the defendants shall file their partial motion for summary judgment. It is further ORDERED that, on or before May 18, 2020, plaintiff the Reporters Committee for Freedom of the Press (the "Committee") shall file its combined opposition to the defendants' motion and cross-motion for summary judgment. It is further ORDERED that, on or before June 8, 2020, the defendants shall file their combined opposition to the Committee's cross-motion and reply in support of their motion. It is further ORDERED that, on or before June 29, 2020, the Committee shall file its reply in support of its cross-motion. It is further ORDERED that the parties shall appear before the Court for a status conference on February 25, 2020, at 2:30 p.m., to discuss the request for a processing schedule raised by the plaintiffs in the Joint Status Report. It is further ORDERED that the Committee and the defendants shall appear before the Court for a status conference on October 5, 2020, at 10:00 a.m., which shall serve as a target date for the resolution of the forthcoming cross-motions for summary judgment. Signed by Judge Reggie B. Walton on February 14, 2020. (lcrbw2) (Entered: 02/14/2020)
2020-02-14		Set/Reset Deadlines/Hearings: on or before May 18, 2020, plaintiff the Reporters Committee for Freedom of the Press (the "Committee") shall file its combined opposition to the defendants' motion and cross-motion for summary judgment. It is further ORDERED that, on or before June 8, 2020, the defendants shall file their combined opposition to the Committee's cross-motion and reply in support of their motion. It is further ORDERED that, on or before June 29, 2020, the Committee shall file its reply in support of its cross-motion. Status Conference set for 2/25/2020 at 02:30 PM in addition the Committee and the defendants shall appear before the Court for a status conference on October 5, 2020, at 10:00 a.m. in Courtroom 16 before Judge Reggie B. Walton. (hs) (Entered: 02/14/2020)
2020-02-25	20	ORDER. In accordance with the attached Order, it is hereby ORDERED that, on or before April 13, 2020, the parties shall file a joint status report advising the Court of the status of the defendants' processing and production of the plaintiffs' Freedom of Information Act requests. Signed by Judge Reggie B. Walton on February 25, 2020. (lcrbw2) (Entered: 02/25/2020)
2020-02-25		Minute Entry for proceedings held before Judge Reggie B. Walton: Status Conference held on 2/25/2020. Status Conference set for 10/5/2020 at 10:00 AM in Courtroom 16 before Judge Reggie B. Walton. (Court Reporter Cathryn Jones.) (ztl) (Entered: 02/25/2020)
2020-02-27		Set/Reset Deadlines: Joint Status Report due by 4/13/2020. (zgdf) (Entered: 02/27/2020)
2020-04-13	21	Joint STATUS REPORT by TOM JONES, NBC 7 SAN DIEGO, REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Townsend, KatieLynn) (Entered: 04/13/2020)
2020-04-14		MINUTE ORDER. Upon consideration of the parties' 21 Seventh Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before June 22, 2020, the parties shall file an additional joint status report advising the Court of the status of the defendants' processing and production of the plaintiffs' Freedom of Information Act requests. Signed by Judge Reggie B. Walton on April 14, 2020. (lcrbw2) (Entered: 04/14/2020)
2020-04-14		Set/Reset Deadlines: Joint Status Report due by 6/22/2020 (hs) (Entered: 04/14/2020)
2020-04-20	22	Partial MOTION for Summary Judgment by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES CUSTOMS AND BORDER PROTECTION, and UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Text of Proposed Order)(Jones, Sian); Modified relief on 4/21/2020 (ztth). Modified on 9/29/2021 to add filer per chambers.(ztnr) (Entered: 04/20/2020)
2020-04-20	23	MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Text of Proposed Order)(Jones, Sian) (Entered: 04/20/2020)
2020-05-18	24	Cross MOTION for Partial Summary Judgment by TOM JONES, NBC 7 SAN DIEGO, REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Adam A. Marshall, # 4 Declaration of Tom Jones, # 5 Text of Proposed Order)(Townsend, KatieLynn) (Entered: 05/18/2020)
2020-05-18	25	RESPONSE re 23 MOTION for Summary Judgment , 22 MOTION for Partial Summary Judgment filed by TOM JONES, NBC 7 SAN DIEGO, REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Adam A. Marshall, # 4 Declaration of Tom Jones, # 5 Text of Proposed Order)(Townsend, KatieLynn) (Entered: 05/18/2020)
2020-06-08	26	RESPONSE to opposition to motion re 24 Cross MOTION for Partial Summary Judgment filed by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Amended SUMF, # 2 Exhibit 4, # 3 Exhibit 5, # 4 Exhibit 6, # 5 Response to Pls' SUMF)(Jones, Sian); Modified event on 6/9/2020 (ztth). (Entered: 06/08/2020)
2020-06-08	27	REPLY re 23 MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF HOMELAND SECURITY UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Amended SUMF, # 2 Exhibit 4, # 3 Exhibit 5, # 4 Exhibit 6, # 5 Response to Pls' SUMF)(Jones, Sian); Modified event and text on 6/9/2020 (ztth). (Entered: 06/08/2020)
2020-06-22	28	Joint STATUS REPORT by TOM JONES, NBC 7 SAN DIEGO, REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Townsend, KatieLynn) (Entered: 06/22/2020)
2020-06-26		MINUTE ORDER. Upon consideration of the parties' 28 Eighth Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before August 7, 2020, the parties shall file an additional joint status report advising the Court of the status of the defendants' processing and production of the plaintiffs' Freedom of Information Act requests. Signed by Judge Reggie B. Walton on June 26, 2020. (lcrbw2) (Entered: 06/26/2020)
2020-06-26		Set/Reset Deadlines: Joint Status Report due by 8/7/2020 (hs) (Entered: 06/26/2020)
2020-06-29	29	REPLY to opposition to motion re 24 Cross MOTION for Partial Summary Judgment filed by TOM JONES, NBC 7 SAN DIEGO, REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Attachments: # 1 Plaintiffs' Response to Defendants' Amended Statement of Undisputed Material Fact)(Townsend, KatieLynn) (Entered: 06/29/2020)
2020-08-07	30	Joint STATUS REPORT by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Jones, Sian) (Entered: 08/07/2020)
2020-08-12		MINUTE ORDER. Upon consideration of the parties' 30 Ninth Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before September 30, 2020, the parties shall file an additional joint status report advising the Court of the status of the defendants' processing and production of the plaintiffs' Freedom of Information Act requests. Signed by Judge Reggie B. Walton on August 12, 2020. (lcrbw2) (Entered: 08/12/2020)
2020-08-12		Set/Reset Deadlines: Joint Status Report due by 9/30/2020 (hs) (Entered: 08/12/2020)
2020-09-30	31	Joint STATUS REPORT by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Jones, Sian) (Entered: 09/30/2020)
2020-10-02		MINUTE ORDER. The Court requiring additional time to consider the pending motions for summary judgment in this case, it is hereby ORDERED that the status conference currently scheduled for October 5, 2020, is CONTINUED to January 19, 2021, at 11:00 a.m. Signed by Judge Reggie B. Walton on October 2, 2020. (lcrbw2) Modified on 10/2/2020 to edit year to 2021(hs). (Entered: 10/02/2020)
2020-10-02		Set/Reset Hearings: Status Conference reset for 1/19/2021 at 11:00 AM in Courtroom 16 before Judge Reggie B. Walton. (hs) (Entered: 10/02/2020)
2020-10-06		MINUTE ORDER. Upon consideration of the parties' 31 Tenth Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before November 16, 2020, the parties shall file an additional joint status report advising the Court of the status of the defendants' processing and production of the plaintiffs' Freedom of Information Act requests. Signed by Judge Reggie B. Walton on October 6, 2020. (lcrbw2) (Entered: 10/06/2020)
2020-10-07		Set/Reset Deadlines: Joint Status Report due by 11/16/2020 (hs) (Entered: 10/07/2020)
2020-11-16	32	Joint STATUS REPORT by TOM JONES, NBC 7 SAN DIEGO, REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Townsend, KatieLynn) (Entered: 11/16/2020)
2020-11-17		MINUTE ORDER. Upon consideration of the parties' 32 Eleventh Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before December 17, 2020, the parties shall file an additional joint status report advising the Court of the status of the defendants' processing and production of the plaintiffs' Freedom of Information Act requests. Signed by Judge Reggie B. Walton on November 17, 2020. (lcrbw2) (Entered: 11/17/2020)
2020-11-17		Set/Reset Deadlines: Joint Status Report due by 12/17/2020 (hs) (Entered: 11/17/2020)
2020-11-19	33	MOTION for Scheduling Order or, in the Alternative , MOTION for Telephone Conference by TOM JONES, NBC 7 SAN DIEGO, REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS (Attachments: # 1 Declaration of Adam A. Marshall, # 2 Text of Proposed Order)(Marshall, Adam) (Entered: 11/19/2020)
2020-12-02	34	RESPONSE re 33 MOTION for Scheduling Order or, in the Alternative MOTION for Telephone Conference filed by UNITED STATES CUSTOMS AND BORDER PROTECTION. (Jones, Sian) (Entered: 12/02/2020)
2020-12-16		MINUTE ORDER. The Court requiring additional information before resolving the 33 Plaintiffs' Motion for a Scheduling Order or, in the Alternative, a Telephonic Status Conference, it is hereby ORDERED that the parties shall appear before the Court for a motion hearing on January 4, 2021, at 1:30 p.m. via teleconference by calling 1-877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). Signed by Judge Reggie B. Walton on December 16, 2020. (lcrbw2) (Entered: 12/16/2020)
2020-12-16		Set/Reset Hearings: Motion Hearing set for 1/4/2021 at 01:30 PM by Telephonic/VTC before Judge Reggie B. Walton. (hs) (Entered: 12/16/2020)
2020-12-17	35	Joint STATUS REPORT by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Jones, Sian) (Entered: 12/17/2020)
2020-12-28		MINUTE ORDER. Upon consideration of the parties' 35 Twelfth Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before January 25, 2021, the parties shall file an additional joint status report advising the Court of the status of the parties' progress. Signed by Judge Reggie B. Walton on December 28, 2020. (lcrbw2) (Entered: 12/28/2020)
2020-12-28		Set/Reset Deadlines: Joint Status Report due by 1/25/2021 (hs) (Entered: 12/28/2020)
2021-01-04		Minute Entry for proceedings held before Judge Reggie B. Walton: Motion Hearing held on 1/4/2021 re 33 MOTION for Scheduling Order or, in the Alternative MOTION for Telephone Conference filed by NBC 7 SAN DIEGO, TOM JONES, REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. The parties inform the court of the status of this action, and the following deadlines are set: Defense to provide sampling by 1/29/2021; Joint Status Report due by 2/5/2021. Next Status Conference set for 2/9/2021 at 2:00 PM before Judge Reggie B. Walton via telephone conference. (Court Reporter Cathryn Jones.) (tj) (Entered: 01/04/2021)
2021-01-11		MINUTE ORDER. The Court requiring additional time to consider the pending motions for summary judgment in this case, it is hereby ORDERED that the status conference currently scheduled for January 19, 2021, is CONTINUED to April 26, 2021, at 2:30 p.m. Signed by Judge Reggie B. Walton on January 11, 2021. (lcrbw2) (Entered: 01/11/2021)
2021-01-11		Set/Reset Hearings: Status Conference reset for 4/26/2021 at 02:30 PM by Telephonic/VTC before Judge Reggie B. Walton. (hs) (Entered: 01/11/2021)
2021-01-18	36	ORDER. In accordance with the attached Order, it is hereby ORDERED that, on or before January 29, 2021, the defendant United States Customs and Border Protection shall provide to the plaintiffs a sample of the relevant searches of at least 500 pages. It is further ORDERED that, on or before February 5, 2021, the parties shall meet and confer to discuss specific proposals to address the breadth of the relevant searches and file a joint status report advising the Court of those discussions. It is further ORDERED that, on February 9, 2021, at 2:00 p.m., the parties shall appear before the Court for a status conference via teleconference by calling 1-877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). Signed by Judge Reggie B. Walton on January 18, 2021. (lcrbw2) (Entered: 01/18/2021)
2021-01-19		Set/Reset Hearings: Status Conference set for 2/9/2021 at 02:00 PM by Telephonic/VTC before Judge Reggie B. Walton. (hs) (Entered: 01/19/2021)
2021-01-25	37	Joint STATUS REPORT by TOM JONES, NBC 7 SAN DIEGO, REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Townsend, KatieLynn) (Entered: 01/25/2021)
2021-02-02		MINUTE ORDER. Upon consideration of the parties' 37 Thirteenth Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before March 5, 2021, the parties shall file an additional joint status report advising the Court of the status of the parties' progress. Signed by Judge Reggie B. Walton on February 2, 2021. (lcrbw2) (Entered: 02/02/2021)
2021-02-05	38	Joint STATUS REPORT by TOM JONES, NBC 7 SAN DIEGO, REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Attachments: # 1 Plaintiffs' Exhibit A, # 2 Plaintiffs' Exhibit B, # 3 Plaintiffs' Exhibit C, # 4 Plaintiffs' Proposed Order, # 5 Defendant CBP's Proposed Order)(Townsend, KatieLynn) (Attachment 1 replaced on 2/8/2021) (rj). (Attachment 2 replaced on 2/8/2021) (rj). (Attachment 3 replaced on 2/8/2021) (rj). Modified on 2/8/2021 to flatten attachments 1-3(rj). (Entered: 02/05/2021)
2021-02-09		Minute Entry for proceedings held before Judge Reggie B. Walton: Status Conference held on 2/9/2021. The Joint Status Report due date of 3/5/2021 is VACATED. Joint Status Report due by 4/2/2021. (Court Reporter Cathryn Jones) (hs) (Entered: 02/09/2021)
2021-02-10	39	ORDER. In accordance with the attached Order, it is hereby ORDERED that, on or before March 26, 2021, the defendant United States Customs and Border Protection shall provide to the plaintiffs a sample of relevant searches of at least 900 pages. The sample shall include at minimum 300 pages from the year 2017, 300 pages from the year 2018, and 300 pages from the year 2019. The defendant United States Customs and Border Protection shall endeavor to provide the plaintiffs with an estimate of the number of de-duplicative pages they have identified that are responsive to the plaintiffs' Freedom of Information Act request. It is further ORDERED that the joint status report deadline set for March 5, 2021, is VACATED. It is further ORDERED that, on or before April 2, 2021, the parties shall file a joint status report advising the Court of their progress in this case. Signed by Judge Reggie B. Walton on February 10, 2021. (lcrbw2) (Entered: 02/10/2021)
2021-04-02	40	Joint STATUS REPORT by TOM JONES, NBC 7 SAN DIEGO, REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Townsend, KatieLynn) (Entered: 04/02/2021)
2021-04-07		MINUTE ORDER. Upon consideration of the parties' 40 Fifteenth Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before April 22, 2021, the parties shall file an additional joint status report advising the Court of the status of the parties' progress. Signed by Judge Reggie B. Walton on April 7, 2021. (lcrbw2) (Entered: 04/07/2021)
2021-04-08		Set/Reset Deadlines: Joint Status Report due by 4/22/2021 (hs) (Entered: 04/08/2021)
2021-04-22		MINUTE ORDER. The Court requiring additional time to consider the pending motions for summary judgment in this case, it is hereby ORDERED that the status conference currently scheduled for April 26, 2021, is CONTINUED to August 2, 2021, at 3:30 p.m. Signed by Judge Reggie B. Walton on April 22, 2021. (lcrbw2) (Entered: 04/22/2021)
2021-04-22	41	Joint STATUS REPORT by UNITED STATES CUSTOMS AND BORDER PROTECTION. (Attachments: # 1 Text of Proposed Order (Plaintiff), # 2 Text of Proposed Order (CBP))(Jones, Sian) (Entered: 04/22/2021)
2021-04-23		Set/Reset Hearings: Status Conference set for 8/2/2021 at 03:30 PM by Telephonic/VTC before Judge Reggie B. Walton. (hs) (Entered: 04/23/2021)
2021-04-28		MINUTE ORDER. Upon consideration of the parties' 41 Sixteenth Joint Status Report, and for good cause shown, it is hereby ORDERED that the defendant U.S. Customs and Border Protection shall process the remainder of records responsive to Item 10 of the plaintiff Reporters Committee for Freedom of the Press' FOIA request, as narrowed, at an average rate of 500 pages per month, with the next production to be made 30 days from the date of this order. It is further ORDERED that, on or before May 24, 2021, the parties shall file an additional joint status report advising the Court of the status of the parties' progress. Signed by Judge Reggie B. Walton on April 28, 2021. (lcrbw2) (Entered: 04/28/2021)
2021-04-29		Set/Reset Deadlines: Joint Status Report due by 5/24/2021 (hs) (Entered: 04/29/2021)
2021-05-24	42	Joint STATUS REPORT by TOM JONES, NBC 7 SAN DIEGO, REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Townsend, KatieLynn) (Entered: 05/24/2021)
2021-06-04		MINUTE ORDER. Upon consideration of the parties' 42 Seventeenth Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before July 7, 2021, the parties shall file an additional joint status report advising the Court on the status of the parties' progress. Signed by Judge Reggie B. Walton on June 4, 2021. (lcrbw2) (Entered: 06/04/2021)
2021-06-04		Set/Reset Deadlines: Joint Status Report due by 7/7/2021 (hs) (Entered: 06/04/2021)
2021-07-07	43	Joint STATUS REPORT by UNITED STATES CUSTOMS AND BORDER PROTECTION. (Jones, Sian) (Entered: 07/07/2021)
2021-07-09		MINUTE ORDER. Upon consideration of the parties' 43 Eighteenth Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before August 17, 2021, the parties shall file an additional joint status report further advising the Court on the status of the parties' progress. Signed by Judge Reggie B. Walton on July 9, 2021. (lcrbw2) (Entered: 07/09/2021)
2021-07-09		Set/Reset Deadlines: Joint Status Report due by 8/17/2021 (hs) (Entered: 07/09/2021)
2021-07-30		MINUTE ORDER. The Court requiring additional time to consider the pending motions for summary judgment in this case, it is hereby ORDERED that the status conference currently scheduled for August 2, 2021, is CONTINUED to November 12, 2021, at 10:30 a.m. Signed by Judge Reggie B. Walton on July 30, 2021. (lcnw) (Entered: 07/30/2021)
2021-07-30		Set/Reset Hearings: Status Conference reset for 11/12/2021 at 10:30 AM by Telephonic/VTC before Judge Reggie B. Walton. (hs) (Entered: 07/30/2021)
2021-08-17	44	Joint STATUS REPORT by TOM JONES, NBC 7 SAN DIEGO, REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Townsend, KatieLynn) (Entered: 08/17/2021)
2021-08-19		MINUTE ORDER. Upon consideration of the parties' 44 Nineteenth Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before September 29, 2021, the parties shall file an additional joint status report further advising the Court on the status of the parties' progress. Signed by Judge Reggie B. Walton on August 19, 2021. (lcrbw2) (Entered: 08/19/2021)
2021-08-19		Set/Reset Deadlines: Joint Status Report due by 9/29/2021 (hs) (Entered: 08/19/2021)
2021-09-29	45	Joint STATUS REPORT by TOM JONES, NBC 7 SAN DIEGO, REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Townsend, KatieLynn) (Entered: 09/29/2021)
2021-09-30	46	ORDER. In accordance with the attached Order, it is hereby ORDERED that the 33 Plaintiffs Motion for a Scheduling Order or, in the Alternative, a Telephonic Status Conference is DENIED AS MOOT. Signed by Judge Reggie B. Walton on September 30, 2021. (lcrbw2) (Entered: 09/30/2021)
2021-10-05		MINUTE ORDER. Upon consideration of the parties' 45 Twentieth Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before November 15, 2021, the parties shall file an additional joint status report advising the Court on the their progress in this case. Signed by Judge Reggie B. Walton on October 5, 2021. (lcrbw2) (Entered: 10/05/2021)
2021-10-05		Set/Reset Deadlines: Joint Status Report due by 11/15/2021 (hs) (Entered: 10/05/2021)
2021-11-11		MINUTE ORDER. The Court requiring additional time to consider the pending motions for summary judgment in this case, it is hereby ORDERED that the status conference currently scheduled for November 12, 2021 is CONTINUED to February 25, 2022, at 9:00 a.m. Signed by Judge Reggie B. Walton on November 11, 2021. (lcrbw2) (Entered: 11/11/2021)
2021-11-12		Set/Reset Hearings: Status Conference set for 2/25/2022 at 09:00 AM in Telephonic/VTC before Judge Reggie B. Walton. (hs) (Entered: 11/12/2021)
2021-11-15	47	Joint STATUS REPORT by TOM JONES, NBC 7 SAN DIEGO, REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Townsend, KatieLynn) (Entered: 11/15/2021)
2021-11-16		MINUTE ORDER. Upon consideration of the parties' 47 Twenty-First Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before January 7, 2022, the parties shall file an additional joint status report advising the Court on the their progress in this case. Signed by Judge Reggie B. Walton on November 16, 2021. (lcrbw2) (Entered: 11/16/2021)
2021-11-16		Set/Reset Deadlines: Joint Status Report due by 1/7/2022 (hs) (Entered: 11/16/2021)
2022-01-07	48	Joint STATUS REPORT by UNITED STATES CUSTOMS AND BORDER PROTECTION. (Jones, Sian) (Entered: 01/07/2022)
2022-01-12		MINUTE ORDER. Upon consideration of the parties' 48 Twenty-Second Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before February 23, 2022, the parties shall file an additional joint status report advising the Court on the their progress in this case. Signed by Judge Reggie B. Walton on January 12, 2022. (lcrbw2) (Entered: 01/12/2022)
2022-01-12		Set/Reset Deadlines: Joint Status Report due by 2/23/2022. (adh, ) (Entered: 01/12/2022)
2022-02-18	49	Consent MOTION to Continue Hearing by DEPARTMENT OF HOMELAND SECURITY, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Text of Proposed Order)(Jones, Sian) (Entered: 02/18/2022)
2022-02-22		MINUTE ORDER. Upon consideration of the 49 Defendants' Consent Motion for Continuance, for good cause shown, and the Court requiring additional time to consider the pending motions for summary judgment in this case, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the status conference currently scheduled for February 25, 2022, is CONTINUED to May 31, 2022, at 9:00 a.m. Signed by Judge Reggie B. Walton on February 22, 2022. (lcrbw2) (Entered: 02/22/2022)
2022-02-22		Set/Reset Hearings: Status Conference reset for 5/31/2022 at 09:00 AM by Telephonic/VTC before Judge Reggie B. Walton. (adh, ) (Entered: 02/22/2022)
2022-02-23	50	Joint STATUS REPORT by UNITED STATES CUSTOMS AND BORDER PROTECTION. (Jones, Sian) (Entered: 02/23/2022)
2022-03-14		MINUTE ORDER. Upon consideration of the parties' 50 Twenty-Third Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before April 11, 2022, the parties shall file an additional joint status report advising the Court on the their progress in this case. Signed by Judge Reggie B. Walton on March 11, 2022. (lcrbw2) (Entered: 03/14/2022)
2022-03-14		Set/Reset Deadlines: Joint Status Report due by 4/11/2022. (adh, ) (Entered: 03/14/2022)
2022-04-11	51	Joint STATUS REPORT by TOM JONES, NBC 7 SAN DIEGO, REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Townsend, KatieLynn) (Entered: 04/11/2022)
2022-04-19		MINUTE ORDER. Upon consideration of the parties' 51 Twenty-Fourth Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before May 26, 2022, the parties shall file an additional joint status report advising the Court on their progress in this case. Signed by Judge Reggie B. Walton on April 19, 2022. (lcrbw2) (Entered: 04/19/2022)
2022-04-19		Set/Reset Deadlines/Hearings: Joint Status Report due by 5/26/2022. (zcdw) (Entered: 04/19/2022)
2022-05-25		MINUTE ORDER. The Court requiring additional time to consider the pending partial motions for summary judgment in this case, it is hereby ORDERED that the status conference currently scheduled for May 31, 2022, is CONTINUED to August 29, 2022, at 9:30 a.m. Signed by Judge Reggie B. Walton on May 25, 2022. (lcrbw2) (Entered: 05/25/2022)
2022-05-26	52	Joint STATUS REPORT by TOM JONES, NBC 7 SAN DIEGO, REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Townsend, KatieLynn) (Entered: 05/26/2022)
2022-06-02		MINUTE ORDER. Upon consideration of the parties' 52 Twenty-Fifth Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before July 21, 2022, the parties shall file an additional joint status report advising the Court on their progress in this case. Signed by Judge Reggie B. Walton on June 2, 2022. (lcrbw2) (Entered: 06/02/2022)
2022-06-02		Set/Reset Deadlines/Hearings: Joint Status Report due by 7/21/2022. (zcdw) (Entered: 06/02/2022)
2022-07-21	53	Joint STATUS REPORT by TOM JONES, NBC 7 SAN DIEGO, REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Townsend, KatieLynn) (Entered: 07/21/2022)
2022-08-10		MINUTE ORDER. Upon consideration of the parties' 53 Twenty-Sixth Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before September 9, 2022, the parties shall file an additional joint status report advising the Court on their progress in this case. Signed by Judge Reggie B. Walton on August 10, 2022. (lcrbw2) (Entered: 08/10/2022)
2022-08-10		Set/Reset Deadlines: Joint Status Report due by 9/9/2022 (mac) (Entered: 08/10/2022)
2022-08-26		MINUTE ORDER. The Court requiring additional time to consider the pending partial motions for summary judgment in this case, it is hereby ORDERED that the status conference currently scheduled for August 29, 2022, is CONTINUED to November 29, 2022, at 9:00 a.m. The parties shall appear before the Court via teleconference, by calling 1-877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). This status conference will serve as a target date for the resolution of the pending motions. In the event that the Court is unable to resolve the motions by this date, the parties will be advised in advance that the status conference will be continued to a later date. Signed by Judge Reggie B. Walton on August 26, 2022. (lcrbw2) (Entered: 08/26/2022)
2022-09-09	54	Joint STATUS REPORT by TOM JONES, NBC 7 SAN DIEGO, REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Townsend, KatieLynn) (Entered: 09/09/2022)
2022-09-19		MINUTE ORDER. Upon consideration of the parties' 54 Twenty-Seventh Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before October 26, 2022, the parties shall file an additional joint status report advising the Court on their progress in this case. Signed by Judge Reggie B. Walton on September 19, 2022. (lcrbw2) (Entered: 09/19/2022)
2022-09-19		Set/Reset Deadlines: Joint Status Report due by 10/26/2022 (mac) (Entered: 09/19/2022)
2022-09-30	55	ORDER. For the reasons to be set forth in the Memorandum Opinion to be issued by the Court within the next sixty days, absent extraordinary circumstances, the Court will (1) deny in part and deny without prejudice in part the defendants' motion for summary judgment and partial summary judgment and (2) grant in part and deny without prejudice in part the plaintiffs' cross-motion for partial summary judgment. Accordingly, it is hereby ORDERED that the 22 U.S. Department of Homeland Security's Motion for Summary Judgment and U.S. Customs and Border Protection's and U.S. Citizenship and Immigration Services' Motions for Partial Summary Judgment is DENIED IN PART AND DENIED WITHOUT PREJUDICE IN PART. The motion is DENIED as to (1) the U.S. Customs and Border Protection's ("CBP") search for records responsive to Item 9 of the Reporters Committee for Freedom of the Press's ("RCFP") FOIA request; (2) the United States Citizenship and Immigration Services' ("USCIS") search for records responsive to Item 10 of the RCFP's request; and (3) the Department of Homeland Security's ("DHS") search for records responsive to Items 9, 10, and 12 of the RCFPs request. The motion is DENIED WITHOUT PREJUDICE as to (1) the CBP's search for records responsive to Items 3 and 4 of NBC 7's FOIA request; and (2) the DHS's search for records responsive to Item 11 of the RCFP's request. It is further ORDERED that the 24 Plaintiffs' Cross-Motion for Partial Summary Judgment is GRANTED IN PART AND DENIED WITHOUT PREJUDICE IN PART. The motion is GRANTED as to (1) the CBP's search for records responsive to Item 9 of the RCFP's FOIA request; (2) the USCIS's search for records responsive to Item 10 of the RCFP's request; and (3) the DHS's search for records responsive to Items 9, 10, and 12 of the RCFP's request. The motion is DENIED WITHOUT PREJUDICE as to (1) the CBP's search for records responsive to Items 3 and 4 of NBC 7's FOIA request; and (2) the DHS's search for records responsive to Item 11 of the RCFP's request. It is further ORDERED that this Order is not a final Order subject to appeal. Signed by Judge Reggie B. Walton on September 30, 2022. (lcrbw1) (Entered: 09/30/2022)
2022-10-26	56	Joint STATUS REPORT by TOM JONES, NBC 7 SAN DIEGO, REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Townsend, KatieLynn) (Entered: 10/26/2022)
2022-10-28		MINUTE ORDER. Upon consideration of the parties' 56 Twenty-Eighth Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before December 1, 2022, the parties shall file an additional joint status report advising the Court on their progress in this case. Signed by Judge Reggie B. Walton on October 28, 2022. (lcrbw2) (Entered: 10/28/2022)
2022-10-28		Set/Reset Deadlines: Joint Status Report due by 12/1/2022 (mac) (Entered: 10/28/2022)
2022-11-23		MINUTE ORDER. In light of the Court's forthcoming Memorandum Opinion and Order resolving the defendants' motion for summary judgment and partial summary judgment and the plaintiffs' cross-motion for partial summary judgment in this case, it is hereby ORDERED that the status conference scheduled for November 29, 2022, is VACATED. Signed by Judge Reggie B. Walton on November 23, 2022. (lcrbw2) (Entered: 11/23/2022)
2022-12-01	57	Joint STATUS REPORT by TOM JONES, NBC 7 SAN DIEGO, REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Townsend, KatieLynn) (Entered: 12/01/2022)
2022-12-19		MINUTE ORDER. Upon consideration of the parties' 57 Twenty-Ninth Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before January 18, 2023, the parties shall file an additional joint status report advising the Court on their progress in this case. Signed by Judge Reggie B. Walton on December 19, 2022. (lcrbw2) (Entered: 12/19/2022)
2022-12-19		Set/Reset Deadlines: Additional Joint Status Report due by 1/18/2023. (mac) (Entered: 12/19/2022)
2022-12-20	58	MEMORANDUM OPINION. Signed by Judge Reggie B. Walton on December 20, 2022. (lcrbw2) (Entered: 12/20/2022)
2022-12-20	59	ORDER. In accordance with the Memorandum Opinion issued on this same date, it is hereby ORDERED that the 22 Defendant U.S. Department of Homeland Security's Motion for Summary Judgment and Defendants U.S. Customs and Border Protection's and U.S. Citizenship and Immigration Services' Motion for Partial Summary Judgment is DENIED IN PART AND DENIED WITHOUT PREJUDICE IN PART. The motion is DENIED as to (1) the United States Customs and Border Protection's ("CBP") search for records responsive to Item 9 of the Reporters Committee for Freedom of the Press's ("RCFP") FOIA request; (2) the United States Citizenship and Immigration Services' ("USCIS") search for records responsive to Item 10 of the RCFP's request; and (3) the Department of Homeland Security's ("DHS") search for records responsive to Items 9, 10, and 12 of the RCFP's request. The motion is DENIED WITHOUT PREJUDICE as to (1) the CBP's search for records responsive to Items 3 and 4 of NBC 7's FOIA request; and (2) the DHS's search for records responsive to Item 11 of the RCFP's request. It is further ORDERED that the 24 Plaintiffs' Cross-Motion for Partial Summary Judgment is GRANTED IN PART AND DENIED WITHOUT PREJUDICE IN PART. The motion is GRANTED as to (1) the CBP's search for records responsive to Item 9 of the RCFP's FOIA request; (2) the USCIS's search for records responsive to Item 10 of the RCFP's request; and (3) the DHS's search for records responsive to Items 9, 10, and 12 of the RCFP's request. The motion is DENIED WITHOUT PREJUDICE as to (1) the CBP's search for records responsive to Items 3 and 4 of NBC 7's FOIA request; and (2) the DHS's search for records responsive to Item 11 of the RCFP's request. It is further ORDERED that, on or before January 9, 2023, the parties shall file a joint status report, advising the Court as to whether they will renew their motions with respect to (1) the CBP's search for records responsive to Items 3 and 4 of NBC 7's FOIA request; and/or (2) the DHS's search for records responsive to Item 11 of the RCFP's request. As noted in the Court's Memorandum Opinion, the defendants may not again seek summary judgment regarding either of these issues unless they (1) properly construe the plaintiffs' requests in accordance with the Court's rulings; (2) review the records located by their searches for the records' responsiveness to the plaintiffs' requests; and (3) are able to provide the Court with non-conclusory explanations for their reasons for deeming any located records non-responsive. Signed by Judge Reggie B. Walton on December 20, 2022. (lcrbw2) (Entered: 12/20/2022)
2022-12-20		Set/Reset Deadlines: Parties Joint Status Report due by 1/9/2023 (mac) (Entered: 12/20/2022)
2023-01-09	60	Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Jones, Sian) (Entered: 01/09/2023)
2023-01-18	61	Joint STATUS REPORT by UNITED STATES CUSTOMS AND BORDER PROTECTION. (Jones, Sian) (Entered: 01/18/2023)
2023-01-18		MINUTE ORDER. Upon consideration of the parties' 60 Thirtieth Joint Status Report and the parties' 61 Thirty-First Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before February 17, 2023, the parties shall file an additional joint status report advising the Court on their progress in this case and, if necessary, proposing a briefing schedule for defendant United States Customs and Border Protection's renewed motion for partial summary judgment as to Items 3 and 4 of NBC 7's request. Signed by Judge Reggie B. Walton on January 18, 2023. (lcrbw2) (Entered: 01/18/2023)
2023-01-18		Set/Reset Deadlines: Parties Additional Joint Status Report due by 2/17/2023 (mac) (Entered: 01/18/2023)
2023-02-17	62	Joint STATUS REPORT by TOM JONES, NBC 7 SAN DIEGO, REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Townsend, KatieLynn) (Entered: 02/17/2023)
2023-03-03		MINUTE ORDER. Upon consideration of the parties' 62 Thirty-Second Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before April 3, 2023, the parties shall file an additional joint status report advising the Court on their progress in this case and, if necessary, proposing a briefing schedule for defendant United States Customs and Border Protection's renewed motion for partial summary judgment as to Items 3 and 4 of NBC 7's request. Signed by Judge Reggie B. Walton on March 3, 2023. (lcrbw2) (Entered: 03/03/2023)
2023-03-03		Set/Reset Deadlines: Parties Additional Joint Status Report due by 4/3/2023 (mac) (Entered: 03/03/2023)
2023-04-03	63	Joint STATUS REPORT by TOM JONES, NBC 7 SAN DIEGO, REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Townsend, KatieLynn) (Entered: 04/03/2023)
2023-04-07		Upon consideration of the parties' 63 Thirty-Third Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before May 18, 2023, the parties shall file an additional joint status report advising the Court on their progress in this case and, if necessary, proposing a briefing schedule for defendant United States Customs and Border Protection's renewed motion for partial summary judgment as to Items 3 and 4 of NBC 7's request. Signed by Judge Reggie B. Walton on April 7, 2023. (lcrbw2) (Entered: 04/07/2023)
2023-05-18	64	Joint STATUS REPORT by TOM JONES, NBC 7 SAN DIEGO, REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Townsend, KatieLynn) (Entered: 05/18/2023)
2023-05-18		MINUTE ORDER. Upon consideration of the parties' 64 Thirty-Fourth Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before July 11, 2023, the parties shall file an additional joint status report advising the Court on their progress in this case. Signed by Judge Reggie B. Walton on May 18, 2023. (lcrbw2) (Entered: 05/18/2023)
2023-07-11	65	Joint STATUS REPORT by TOM JONES, NBC 7 SAN DIEGO, REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Townsend, KatieLynn) (Entered: 07/11/2023)
2023-07-12		MINUTE ORDER. Upon consideration of the parties' 65 Thirty-Fifth Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before August 28, 2023, the parties shall file an additional joint status report advising the Court on their progress in this case. Signed by Judge Reggie B. Walton on July 12, 2023. (lcrbw2) (Entered: 07/12/2023)
2023-08-28	66	Joint STATUS REPORT by TOM JONES, NBC 7 SAN DIEGO, REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Townsend, KatieLynn) (Entered: 08/28/2023)
2023-08-29		MINUTE ORDER. Upon consideration of the parties' 66 Thirty-Sixth Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before October 12, 2023, the parties shall file an additional joint status report advising the Court on their progress in this case. Signed by Judge Reggie B. Walton on August 29, 2023. (lcrbw2) (Entered: 08/29/2023)
2023-08-31	67	NOTICE of Appearance by Alexander Schreiber on behalf of All Defendants (Schreiber, Alexander) (Entered: 08/31/2023)
2023-10-12	68	Joint STATUS REPORT by TOM JONES, NBC 7 SAN DIEGO, REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Marshall, Adam) (Entered: 10/12/2023)
2023-10-12		MINUTE ORDER. Upon consideration of the parties' 68 Thirty-Seventh Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before December 11, 2023, the parties shall file an additional joint status report advising the Court on their progress in this case. Signed by Judge Reggie B. Walton on October 12, 2023. (lcrbw2) (Entered: 10/12/2023)
2023-12-11	69	Joint STATUS REPORT by TOM JONES, NBC 7 SAN DIEGO, REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Marshall, Adam) (Entered: 12/11/2023)
2023-12-11		MINUTE ORDER. Upon consideration of the parties' 69 Thirty-Eighth Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before February 9, 2024, the parties shall file an additional joint status report advising the Court on their progress in this case. Signed by Judge Reggie B. Walton on December 11, 2023. (lcrbw2) (Entered: 12/11/2023)
2024-02-09	70	Joint STATUS REPORT by TOM JONES, NBC 7 SAN DIEGO, REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Marshall, Adam) (Entered: 02/09/2024)
2024-02-13		MINUTE ORDER. Upon consideration of the parties' 70 Thirty-Ninth Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before April 9, 2024, the parties shall file an additional joint status report advising the Court on their progress in this case. Signed by Judge Reggie B. Walton on February 13, 2024. (lcrbw2) (Entered: 02/13/2024)
2024-04-09	71	Joint STATUS REPORT by TOM JONES, NBC 7 SAN DIEGO, REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Marshall, Adam) (Entered: 04/09/2024)
2024-04-10		MINUTE ORDER. Upon consideration of the parties' 71 Fortieth Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before June 10, 2024, the parties shall file an additional joint status report advising the Court on their progress in this case. Signed by Judge Reggie B. Walton on April 10, 2024. (lcrbw2) (Entered: 04/10/2024)
2024-06-10	72	Joint STATUS REPORT by TOM JONES, NBC 7 SAN DIEGO, REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Marshall, Adam) (Entered: 06/10/2024)
2024-06-10		MINUTE ORDER. Upon consideration of the parties' 72 Forty-First Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before August 9, 2024, the parties shall file an additional joint status report advising the Court on their progress in this case. Signed by Judge Reggie B. Walton on June 10, 2024. (lcrbw2) (Entered: 06/10/2024)
2024-08-09	73	Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES CUSTOMS AND BORDER PROTECTION. (Jones, Sian) (Entered: 08/09/2024)
2024-08-12		MINUTE ORDER. Upon consideration of the parties' 73 Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before October 8, 2024, the parties shall submit a joint status report regarding how they wish to proceed in this case. Signed by Judge Reggie B. Walton on August 12, 2024. (lcrbw2) (Entered: 08/12/2024)
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